CHAPTER 20:47:01
DEFINITIONS
(Repealed. 12 SDR 151, 12 SDR 155, effective July 1, 1986)
CHAPTER 20:47:02
OPERATION OF BOARD
(Transferred to Chapter 20:78:01, 38 SDR 127, effective February 7, 2012)
CHAPTER 20:47:03
LICENSURE
Section
20:47:03:01 Application for license.
20:47:03:02 Personal appearance.
20:47:03:03 General application requirements.
20:47:03:03.01 General application requirements -- written examination.
20:47:03:04 Application for reciprocity.
20:47:03:05 Repealed.
20:47:03:06 Repealed.
20:47:03:07 Application for approval of medical or osteopathic colleges.
20:47:03:08 Procedure for approval of hospitals.
20:47:03:09 Temporary permit for state institution.
20:47:03:10 Repealed.
20:47:03:11 Repealed.
20:47:03:12 Report of facility suspending or revoking licensee's privilege to practice.
20:47:03:13 Renewal of licensure -- Interestate medical license compact.
20:47:03:01. Application for license. A person seeking licensure or renewal of licensure to practice medicine, osteopathy, surgery, obstetrics, or any of their branches in South Dakota must apply on a form approved by the board.
Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 9, effective August 4, 1986; 22 SDR 60, effective November 5, 1995; 28 SDR 1, effective July 10, 2001.
General Authority:SDCL 36-4-35.
Law Implemented:SDCL 36-4-11, 36-4-24.1.
20:47:03:02. Personal appearance. If the board determines through the application verification process that an applicant has a drug or alcohol problem, a disciplinary problem, or a problem of another nature, the board may require the applicant to appear personally before the board, a member of the board, or a member of the board's staff.
If licensure is sought by examination or endorsement, the board at its discretion may require the applicant who appears personally to present originals or copies of the following credentials:
(1) The applicant's medical or osteopathic college diploma;
(2) The applicant's internship or residency certificate; and
(3) If the applicant is a foreign medical graduate, the applicant's Educational Council of Foreign Medical Graduate certificate.
If licensure is sought by reciprocity, the board at its discretion may require the applicant who appears personally to present originals or copies of the credentials required by this section and a currently valid medical license issued to the applicant after examination.
Source: SL 1975, ch 16, § 1; 10 SDR 43, effective November 8, 1983; 12 SDR 91, effective December 3, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 9, effective August 4, 1986; 22 SDR 60, effective November 5, 1995; 24 SDR 85, effective December 28, 1997.
General Authority:SDCL 36-4-35.
Law Implemented:SDCL 36-4-11.
Cross-Reference: Application for approval of medical or osteopathic colleges, § 20:47:03:07.
20:47:03:03. General application requirements. Applicants for licensure or renewal of licensure must:
(1) Submit an affidavit, with a photograph of the applicant attached, attesting to the applicant's qualifications as required by SDCL chapter 36-4 and this article;
(2) Submit a certificate of good moral character signed by two persons holding a license or certificate from this board, a similar board in another state, the District of Columbia, the National Board of Medical Examiners, or the National Board of Osteopathic Physicians and Surgeons, who are not at the time of making the certificate under any charge or accusation which would be grounds for cancellation, suspension, or revocation of their license. The persons shall verify that they are personally acquainted with the applicant and know of the applicant's moral character;
(3) List all states in which the applicant is or has been licensed to practice medicine and state whether the license has ever been canceled, suspended, or revoked, or whether proceedings have ever been instituted against the applicant for cancellation, suspension, or revocation;
(4) State all places where the applicant has previously practiced medicine and give the time of the practice;
(5) State whether the applicant has ever been convicted of any criminal offense, exclusive of misdemeanor traffic violations, or whether any prosecution against the applicant in any court for a felony or a crime involving moral turpitude is pending;
(6) State whether the applicant has ever been denied a license to practice in another state;
(7) State whether the applicant is currently suffering from any condition for which the applicant is not being appropriately treated that impairs the applicant's ability to practice medicine in a competent, ethical, and professional manner;
(8) State whether the applicant has ever appeared or been requested to appear before any licensing board concerning any violation of law or regulation of any state, district, territory, or province of the United States or Canada;
(9) State whether the applicant has ever had hospital staff privileges revoked, suspended, reduced, or otherwise restricted;
(10) Give the history of the applicant's medical schooling, including dates and places, diplomas earned, and average grade received;
(11) If the applicant completed graduate medical education training after July 1, 1987, submit a certificate showing that the applicant has successfully completed a program of graduate medical education of at least two years through a hospital approved by the board. The records of the graduate medical education program must establish the degree of proficiency of the applicant's performance. Applicants who completed graduate medical education before July 1, 1987, must submit a certificate of internship or residency showing that the applicant has served not less than one year as an intern or resident in a hospital approved by the board or its equivalent;
(12) List all dates and places where the applicant has previously taken the Federation Licensing Examination or United States Medical Licensing Examination;
(13) State whether the applicant has ever been terminated, asked to resign, or resigned or otherwise not completed any postgraduate or residency training program;
(14) State whether the applicant has ever been subject to proceedings by a professional society to revoke, reduce, or restrict membership;
(15) State whether the applicant has ever been notified of a complaint by a medical facility, professional society or association, or any licensing agency; and
(16) State whether the applicant has ever settled a civil damages action, by the payment of money or otherwise, or had a civil judgment rendered against the applicant involving medical malpractice or the practice of medicine.
Source: SL 1975, ch 16, § 1; 10 SDR 43, effective November 8, 1983; 12 SDR 91, effective December 3, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 9, effective August 4, 1986; 22 SDR 60, effective November 5, 1995; 46 SDR 120, effective May 5, 2020.
General Authority: SDCL 36-4-35.
Law Implemented: SDCL 36-4-11.
20:47:03:03.01. General application requirements -- written examination. The limit of exam attempts only applies to the parts of the exam that are in writing. There may be three attempts at each written part of the exam.
Source: 46 SDR 16, effective August 6, 2019.
General Authority: SDCL 36-4-11.
Law Implemented: SDCL 36-4-11, 36-4-17, 36-4-17.1.
20:47:03:04. Application for reciprocity. In addition to the other requirements set forth in SDCL 36-4-19 and 36-4-19.1, an applicant for licensure by reciprocity shall present a certificate of endorsement from another state or territory of the United States, the District of Columbia, a province of Canada, the National Board of Medical Examiners, or the National Board of Osteopathic Physicians and Surgeons. The endorsement shall include the place of examination, date of examination, subjects examined in, grades received, and average grade received. If the applicant has a certificate of endorsement from a province of Canada and the applicant is not a graduate of an approved Canadian medical or osteopathic college, the applicant shall present a certificate from the Educational Council for Foreign Medical Graduates.
Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 9, effective August 4, 1986.
General Authority:SDCL 36-4-35.
Law Implemented:SDCL 36-4-19, 36-4-19.1.
Cross-Reference: Application for approval of medical or osteopathic colleges, § 20:47:03:07.
20:47:03:05. Application based on written examination.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 43, effective November 8, 1983.
20:47:03:06. Examination procedure.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.
20:47:03:07. Application for approval of medical or osteopathic colleges. A medical or osteopathic college requesting approval by the board shall submit an application to the board, on forms provided by the board, furnishing the following information:
(1) The name of the medical or osteopathic college;
(2) The address of the college;
(3) The date the medical or osteopathic college was founded;
(4) In what states of the United States has the college been approved by an official state agency or board;
(5) Accreditations, if any, obtained by the college;
(6) If the board determines it has insufficient knowledge of the curriculum, faculty, admission, and graduation requirements, or financial resources of a college applying for approval, it may require the college to provide the following:
(a) An outline of curriculum;
(b) College faculty information;
(c) Admission and graduation requirements;
(d) Financial resources and annual expenditures;
(e) The number of current students;
(7) Any other information considered necessary by the board to properly evaluate the application.
If the board determines pursuant to SDCL 36-4-12.1, by majority vote, that a college seeking board approval must be inspected by a member of the board or a representative of the board, the board shall designate who is to make the inspection and shall determine the expenses related to the inspection. The college shall pay the related inspection expenses before the inspection is made.
A medical or osteopathic college once approved shall continue its approved status until other action is taken by the board.
Source: SL 1975, ch 16, § 1; 12 SDR 91, effective December 3, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 9, effective August 4, 1986.
General Authority:SDCL 36-4-35.
Law Implemented:SDCL 36-4-12.1.
20:47:03:08. Procedure for approval of hospitals. Hospitals requesting approval shall submit an application to the board, on forms provided by the board, furnishing the following information:
(1) The name of the hospital;
(2) The address of the hospital;
(3) A list of medical or osteopathic postgraduate programs;
(4) The number of physicians enrolled in postgraduate programs;
(5) Affiliation with other institutions, if any; and
(6) Any other information requested by the board.
A hospital once approved shall continue its approved status until further action is taken by the board.
Source: SL 1975, ch 16, § 1; 12 SDR 91, effective December 3, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 9, effective August 4, 1986.
General Authority:SDCL 36-4-35.
20:47:03:09. Temporary permit for state institution. A person seeking a temporary license to practice in a state-owned medical institution pursuant to SDCL 36-4-20 shall submit an affidavit to the board from the highest medical officer of the institution which verifies that the position the applicant proposes to fill cannot be adequately and effectively served by a regularly licensed practitioner.
A license issued pursuant to SDCL 36-4-20 is valid only during the times such license holder is an employee of the state-owned medical institution for which permission to practice was granted unless the board approves a transfer to another state-owned medical institution. The privilege to practice under the license is limited to services rendered in the course of such person's employment by such state-owned medical institution.
Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 9, effective August 4, 1986.
General Authority:SDCL 36-4-35.
Law Implemented:SDCL 36-4-20.
20:47:03:10. Locumtenens certificates.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.
20:47:03:11. Renewal of licenses.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.
20:47:03:12. Report of facility suspending or revoking licensee's privilege to practice. A licensed facility shall report to the board, on forms provided by the board, any suspension of privileges or revocation of privileges to practice medicine or osteopathy in the facility of a licensed doctor of medicine or osteopathy for incompetence or unprofessional conduct. The report shall be made within 15 days after the suspension or revocation of privileges. The report shall include the following information:
(1) The name of the licensee;
(2) The date of suspension or revocation;
(3) The factual basis for suspension or revocation; and
(4) A copy of the notice of suspension or revocation sent to the licensee.
Source: 12 SDR 91, effective December 3, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-4-35.
Law Implemented:SDCL 36-4-22.2.
Cross-Reference: Medical facilities, art 44:04.
20:47:03:13. Renwal of licensure - Interstate medical license compact. Any licensee may renew through the state renewal process ninety days prior to the expiration date of the license. An eligible licensee may choose to renew through the interstate medical licensure compact. To renew through the interstate medical licensure compact, the licensee shall complete the interstate medical licensure compact application process prior to December 31 of each calendar year and submit the state renewal application prior to March 1 of each calendar year.
Source: 44 SDR 95, effective December 7, 2017.
General Authority: SDCL 36-4-35.
Law Implemented: SDCL 36-4-24.1, 36-4-44.
20:47:04:01. Authorization of inspections. Inspections made pursuant to SDCL 36-4-22.1 shall be authorized by a member of the board who shall file with the executive secretary at the office of the board a written statement giving the name of the officer or board employee authorized to make the inspection and designating the place to be inspected. The board at a regular or special meeting may name officers or employees to make inspections without designating the places to be inspected.
Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 9, effective August 4, 1986.
General Authority:SDCL 36-4-35.
Law Implemented: 36-4-22.1.
CHAPTER 20:47:05
DECLARATORY RULINGS
(Transferred to Chapter 20:78:02, 38 SDR 127, effective February 7, 2012)
FEES
Section
20:47:06:01 Fee amounts.
20:47:06:02 Repealed.
20:47:06:03 Repealed.
20:47:06:04 Repealed.
20:47:06:05 Repealed.
20:47:06:06 Repealed.
20:47:06:01. Fee amounts. The fees for physicians and surgeons are as follows:
(1) Application for the initial license, $400;
(2) Biennial renewal of the license, $400;
(3) Reinstatement of a forfeited license, $400;
(4) Issuance of a locum tenens certificate, $50;
(5) Temporary permit for supervised practice in state institutions, $50;
(6) Renewal of the temporary permit, $15;
(7) Issuance of a resident certificate, $50.
Source: 13 SDR 9, effective August 4, 1986; 22 SDR 60, effective November 5, 1995; 34 SDR 93, effective October 17, 2007; SL 2018, ch 227, § 4, effective July 1, 2018.
General Authority: SDCL 36-4-19, 36-4-20, 36-4-20.2, 36-4-24.1, 36-4-24.2, 36-4-35.
Law Implemented: SDCL 36-4-19, 36-4-20, 36-4-20.2, 36-4-24.1, 36-4-24.2.
20:47:06:02. Reciprocity fee. Repealed.
Source:
13 SDR 9, effective August 4, 1986; 15 SDR 40, effective September 13, 1988;
repealed, 34 SDR 93, effective October 17, 2007.
20:47:06:03. Fee for renewal of temporary permit. Repealed.
Source:
13 SDR 9, effective August 4, 1986; repealed, 34 SDR 93, effective October 17,
2007.
20:47:06:04. Locum tenens fee. Repealed.
Source:
13 SDR 9, effective August 4, 1986; repealed, 34 SDR 93, effective October 17,
2007.
20:47:06:05. Annual license renewal fee. Repealed.
Source:
13 SDR 9, effective August 4, 1986; 15 SDR 40, effective September 13, 1988; 16
SDR 73, effective October 25, 1989; 17 SDR 11, effective July 30, 1990; 23 SDR
70, effective November 11, 1996; 23 SDR 232, effective July 7, 1997; 26 SDR 57,
effective October 24, 1999; repealed, 34 SDR 93, effective October 17, 2007.
20:47:06:06. Fee for reinstatement of forfeited license. Repealed.
Source:
13 SDR 9, effective August 4, 1986; 15 SDR 40, effective September 13, 1988;
repealed, 34 SDR 93, effective October 17, 2007.
CHAPTER 20:47:07
MEDICAL RECORD DOCUMENTATION
Section
20:47:07:01 Standards for medical records when prescribing controlled substances for the treatment of chronic, non-cancer pain.
20:47:07:02 Definition of chronic pain.
20:47:07:01. Standards for medical records when prescribing controlled substances for the treatment of chronic, non-cancer pain. The standards for medical records when a physician prescribes controlled substances for the treatment of chronic non-cancer pain include each of the following listed items:
(1) Copies of the signed informed consent and any treatment agreement required by the physician;
(2) The patient's medical and psychosocial history;
(3) The results of all physical examinations and all laboratory tests;
(4) Confirmation that the appropriate state prescription drug monitoring programs have been accessed, and the date of that access, or an explanation why they were not accessed;
(5) The results of all risk assessments, including results of any screening instruments used;
(6) A description of the treatments provided, including all medications prescribed or administered, with the date of prescription or administration, the name and type of the medication, and the dosage and quantity of medication prescribed or administered. The medical records must include all prescription orders for opioid analgesics and other controlled substances, whether written, telephoned, faxed, or electronically transmitted;
(7) Instructions to the patient, including discussions with the patient and, if appropriate, significant others of the risks and benefits of opioid analgesics, including the risks of addiction, overdose, and death; proper use and storage of medication; proper disposal of unused medications; and the use of naloxone products to reverse overdose;
(8) Results of ongoing assessments, including, when appropriate, urine drug tests, of patient progress or lack of progress in terms of pain management and functional improvement;
(9) Notes on any evaluations by and consultations with specialists;
(10) Any other information used to support the initiation, continuation, revision, or termination of treatment. Any steps taken in response to aberrant medication use by a patient and aberrant behaviors related to a prescription for an opioid analgesic;
(11) Medical records of past hospitalizations or treatments by other providers, to the extent obtained by the physician;
(12) Authorization for release of information to other treatment providers; and
(13) Name, address, and telephone number of the patient's pharmacy.
Source: 43 SDR 57, effective October 20, 2016.
General Authority: SDCL 36-4-35.
Law Implemented: SDCL 36-4-29, 36-4-30.
References: Federation of State Medical Boards Model Policy for the Use of Opioid Analgesics in the Treatment of Chronic Pain; Federation of State Medical Boards Model Policy on Data 2000 and Treatment of Opioid Addiction in the Medical Office.
20:47:07:02. Definition of chronic pain. For the purposes of section 20:47:07:01, the term, chronic pain, means ongoing, recurrent, or persistent pain lasting beyond the usual course of an acute illness or injury or that is three months or longer in duration.
Source: 43 SDR 57, effective October 20, 2016.
General Authority: SDCL 36-4-35.
Law Implemented: SDCL 36-4-29, 36-4-30.
ETHICS
Section
20:47:08:01 Professional ethical standards and conduct.
20:47:08:02 Violation.
20:47:08:03 Ethical considerations.
20:47:08:01. Professional ethical standards and conduct. A licensee under SDCL chapter 36-4 shall comply with the following professional ethical standards and conduct:
(1) A physician shall be dedicated to providing competent medical care, with compassion and respect for human dignity and rights;
(2) A physician shall uphold the standards of professionalism, be honest in all professional interactions, and strive to report physicians deficient in character or competence, or engaging in fraud or deception, to appropriate entities;
(3) A physician shall respect the law and also recognize a responsibility to seek changes in those requirements which are contrary to the best interests of the patient;
(4) A physician shall respect the rights of patients, colleagues, and other health professionals, and shall safeguard patient confidences and privacy within the constraints of the law.
(5) A physician shall continue to study, apply, and advance scientific knowledge, maintain a commitment to medical education, make relevant information available to patients, colleagues, and the public, obtain consultation, and use the talents of other health professionals when indicated;
(6) A physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care;
(7) A physician shall recognize a responsibility to participate in activities contributing to the improvement of the community and the betterment of public health;
(8) A physician shall, while caring for a patient, regard responsibility to the patient as paramount;
(9) A physician shall support access to medical care for all people.
Source: 41 SDR 180, effective May 21, 2015.
General Authority: SDCL 36-4-35.
Law Implemented: SDCL 36-4-11, 36-4-28, 36-4-29, 36-4-29.1, 36-4-30.
20:47:08:03. Ethical considerations. The Board may utilize the annotations and opinions included in Code of Medical Ethics of the American Medical Association 2012-2013 edition as guidance in determining whether a licensee has violated professional ethical standards and conduct.
Source: 41 SDR 180, effective May 21, 2015.
General Authority: SDCL 36-4-35.
Law Implemented: SDCL 36-4-11, 36-4-28, 36-4-29, 36-4-29.1, 36-4-30.
Reference: Code of Medical Ethics of the American Medical Association 2012-2013 edition, annotations prepared by the southern Illinois University School of Medicine. Copies may be viewed at the Board's office or obtained from the American Medical Association by calling 1-800-621-8335 or website at www.amabookstore.org.
